Todd v Commissioner for Fair Trading [2004] NSWADT 278

Todd v Commissioner for Fair Trading [2004] NSWADT 278

Mr Todd had failed to pay an amount due as a debt to the Crown by way of recovery of an amount paid out of the Compensation Fund, and there was no evidence that the debt had been cleared. He was therefore a disqualified person under section 16(1)(m), was not eligible to hold a licence, and the Commissioner was...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 December 2004
Procedural Posture
Review of Decision to Cancel a Real Estate Agent's and Stock and Station Agent's Licence and to Disqualify the Licence Holder Under the Property Stock and Business Agents Act 2002 / Principal Matter; Decision Revised 24/12/2004 to Correct Order
Outcome
The Commissioner's decision was affirmed to the extent that Mr Todd's licence was cancelled and he was declared disqualified for so long as the relevant failure to pay continued; the decision was otherwise set aside. The cover note states the decision was set aside by appeal for want of jurisdiction.
Legal Topics
['cancellation of Licence' 'disqualified Person' 'property Services Compensation Fund' 'debt to the Crown' 'disciplinary Action']
['administrative Law' 'occupational Licensing' 'real Estate and Property Services Regulation'] ['cancellation of Licence' 'disqualified Person' 'property Services Compensation Fund' 'debt to the Crown' 'disciplinary Action']

Source-derived case record

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Procedural Posture

Review of Decision to Cancel a Real Estate Agent's and Stock and Station Agent's Licence and to Disqualify the Licence Holder Under the Property Stock and Business Agents Act 2002 / Principal Matter; Decision Revised 24/12/2004 to Correct Order

Legal Issues

  1. 1 ['Whether Mr Todd was a disqualified person under section 16(1)(m) of the Property Stock and Business Agents Act 2002 because he failed to pay an amount due as a debt to the Crown by way of recovery of an amount paid out of the Compensation Fund.' "Whether the Commissioner's decision to cancel Mr Todd's licence was the correct and preferable decision." "Whether the Commissioner's decision should otherwise be set aside."]

Ratio Decidendi

Mr Todd had failed to pay an amount due as a debt to the Crown by way of recovery of an amount paid out of the Compensation Fund, and there was no evidence that the debt had been cleared. He was therefore a disqualified person under section 16(1)(m), was not eligible to hold a licence, and the Commissioner was entitled to take disciplinary action. The cancellation of his licence was the correct and preferable decision, but the decision was otherwise set aside.

Court Disposition

The Commissioner's decision was affirmed to the extent that Mr Todd's licence was cancelled and he was declared disqualified for so long as the relevant failure to pay continued; the decision was otherwise set aside. The cover note states the decision was set aside by appeal for want of jurisdiction.

Orders

  • ['I declare that Mr. Roderick John Todd is a disqualified person pursuant to section 192(1)(h) of the Property Stock and Business Agents Act 2002.' 'Mr. Todd is disqualified for so long as he has failed to pay an amount due as a debt to the Crown by way of recovery of an amount paid out of the Compensation Fund and...